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Senate File 397 - IntroducedA Bill ForAn Act 1relating to paternity and the obligation of parents for
2support of children.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600B.4, Code 2023, is amended to read as
2follows:
3600B.4 Recovery by others than mother.
4The obligation of the father as hereby provided in this
5chapter creates also a cause of action on behalf of the legal
6representative of the mother, or on behalf of third persons
7furnishing support or defraying the reasonable expenses thereof
8 of the mother, where paternity has been judicially established
9by proceedings brought by the mother or by or on behalf of
10the child or by the authorities charged with its the child’s
11 support, or where paternity has been acknowledged by the father
12in writing, established by the father through blood or genetic
13testing conducted in accordance with section 600B.41 or chapter
14252F, or by the part performance of the obligations imposed
15upon him the father.
16 Sec. 2. Section 600B.6, Code 2023, is amended to read as
17follows:
18600B.6 Liability of the father’s estate.
19The obligation of the father, when his the father’s
20 paternity has been judicially established in his the father’s
21 lifetime, established by the father through blood or genetic
22testing, or has been acknowledged by him the father in writing
23or by the part performance of his the father’s obligations, is
24enforceable against his the father’s estate in such an amount
25as the court may determine, having regard to upon consideration
26of the age of the child, the ability of the mother to support
27it the child, the amount of property left by the father, the
28number, age, and financial condition of the lawful issue, if
29any, and the rights of the widow, if any. The court may direct
30the discharge of the obligation by periodical payments or by
31the payment of a lump sum.
32 Sec. 3. Section 600B.8, Code 2023, is amended to read as
33follows:
34600B.8 Who may institute proceedings.
35The proceedings may be brought by the mother, or other
-1-1interested person, by the alleged father, or if the child is
2or is likely to be a public charge, by the authorities charged
3with its the child’s support. After the death of the mother
4or in case of her the mother’s disability, it the proceedings
5 may also be brought by the child acting through its the child’s
6 guardian or next friend.
7 Sec. 4. Section 600B.9, Code 2023, is amended to read as
8follows:
9600B.9 Time of instituting proceedings.
10The proceedings may be instituted during the pregnancy of
11the mother or after the birth of the child, but, except with
12the consent of all parties, the trial shall not be held until
13after the birth of the child and shall be held no earlier than
14twenty days from the date the alleged father or the mother is
15served with notice of the action or, if blood or genetic tests
16are conducted, no earlier than thirty days from the date the
17test results are filed with the clerk of the district court as
18provided under section 600B.41.
19 Sec. 5. Section 600B.11, Code 2023, is amended to read as
20follows:
21600B.11 Nonresident complainant.
22It is not a bar to the jurisdiction of the court, that the
23complaining mother or child complainant resides in another
24state.
25 Sec. 6. Section 600B.13, Code 2023, is amended to read as
26follows:
27600B.13 Form of complaint — verification.
28The complaint may be made in writing, or oral orally and
29in the presence of the complainant reduced to writing by the
30prosecuting attorney. It The complaint shall be verified by
31oath or affirmation of the complainant.
32 Sec. 7. Section 600B.14, Code 2023, is amended to read as
33follows:
34600B.14 Substance of complaint.
351. The mother or child who is the complainant shall charge
-2-1the person named as defendant with being the father of the
2child.
32. The alleged father who is the complainant shall allege
4that he is the father of the child.
5 Sec. 8. Section 600B.16, Code 2023, is amended to read as
6follows:
7600B.16 Lis pendens.
8From the time of the filing of such a complaint, a lien shall
9be created upon the real property of the accused alleged father
10 in the county where the action is pending for the payment of
11any money and the performance of any order adjudged by the
12proper court.
13 Sec. 9. Section 600B.17, Code 2023, is amended to read as
14follows:
15600B.17 Writ of attachment.
16The district court may order an attachment to issue thereon
17 on the real property upon which a lien is created without
18bond, which order. The order shall specify the amount of real
19 property to be seized thereunder, and may be revoked at any
20time by such the court on a showing made for a revocation of the
21same order, and on such terms as such the court may deem deems
22 proper in the premises.
23 Sec. 10. Section 600B.21, Code 2023, is amended to read as
24follows:
25600B.21 Death, absence, or mental illness of mother or
26alleged father — testimony receivable.
27If after the complaint is filed, the complainant mother or
28alleged father dies or becomes mentally ill or cannot be found
29within the jurisdiction, the proceeding does not abate, but the
30child shall be substituted as the complainant. The testimony
31of the mother or alleged father taken by deposition as in other
32civil cases, may in any such case be read as evidence and in all
33cases shall be read as evidence if demanded by the defendant.
34 Sec. 11. Section 600B.22, Code 2023, is amended to read as
35follows:
-3- 1600B.22 Death of defendant.
2In case of the death of the defendant the action may be
3prosecuted against the personal representative of the deceased
4with like effects as if the defendant were living, subject as
5regards the measure with regard to the amount of support to the
6provision of section 600B.6.
7 Sec. 12. Section 600B.24, Code 2023, is amended to read as
8follows:
9600B.24 Judgment in general.
101. If the defendant alleged father, after being served
11with notice as required under section 600B.15, fails to timely
12respond to the notice, or to appear for blood or genetic tests
13pursuant to a court or administrative order, or to appear at a
14scheduled hearing after being provided notice of the hearing,
15the court shall find the defendant alleged father in default
16and enter a default judgment.
172. Upon a finding of paternity against or for the defendant
18 alleged father, the court shall enter a judgment against
19the defendant declaring paternity of the alleged father and
20ordering support of the child.
21 Sec. 13. Section 600B.29, Code 2023, is amended to read as
22follows:
23600B.29 Desertion statute applicable.
24The provisions of sections 726.3 through 726.5 relating to
25desertion and abandonment of children, have the same effect
26in cases of illegitimacy where paternity has been judicially
27established, has been established by the father through blood
28or genetic testing, or has been acknowledged by the father
29in writing or by the furnishing of support, as in cases of
30children born in wedlock.
31 Sec. 14. Section 600B.36, Code 2023, is amended to read as
32follows:
33600B.36 Report to registrar of vital statistics.
34Upon the entry of a judgment determining the paternity of a
35child the clerk of the district court shall notify in writing
-4-1the state registrar of vital statistics of the name of the
2person against whom such judgment has been entered father,
3together with such other facts disclosed by the records as may
4assist in identifying the record of the birth of the child as
5the same may appear in the office of said the state registrar.
6If such the judgment shall is thereafter be vacated, that fact
7 the vacating of the order shall be reported by the clerk in the
8same manner.
9 Sec. 15. Section 600B.41, subsection 1, Code 2023, is
10amended to read as follows:
111. In a proceeding to establish paternity in law or in
12equity the court may on its own motion, and upon request of a
13party, including a mother or an alleged father shall, require
14the child, mother, and alleged father to submit to blood or
15genetic tests, except that if the mother and child previously
16submitted blood or genetic specimens in a prior action to
17establish paternity against a different alleged father, the
18previously submitted specimens and prior results, if available,
19may be utilized for testing in this action. A mother or
20alleged father requesting the tests shall file with the court
21an affidavit either alleging or denying paternity and setting
22forth facts that establish the reasonable possibility that
23there was, or was not, the requisite sexual contact between the
24parties.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill amends Code chapter 600B (paternity and obligation
29for support) to allow for both a mother or a child and an
30alleged father of a child to file a complaint to establish
31paternity of a child and an obligation for support of the
32child. Under current law, the proceedings under Code chapter
33600B may be brought only by the mother, or other interested
34person, or if the child is or is likely to be a public charge,
35by the authorities charged with the child’s support. The
-5-1bill provides that an alleged father may also initiate the
2proceedings, and makes conforming changes throughout the Code
3chapter to provide that the alleged father may also be the
4complainant or plaintiff.
5The bill also specifically includes an alleged father as a
6party that may request blood or genetic testing in a proceeding
7to establish paternity, and provides that a mother or alleged
8father requesting the testing shall file with the court an
9affidavit either alleging or denying paternity and setting
10forth facts that establish the reasonable possibility that
11there was, or was not, the requisite sexual contact between the
12parties.
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2support of children.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600B.4, Code 2023, is amended to read as
2follows:
3600B.4 Recovery by others than mother.
4The obligation of the father as hereby provided in this
5chapter creates also a cause of action on behalf of the legal
6representative of the mother, or on behalf of third persons
7furnishing support or defraying the reasonable expenses thereof
8 of the mother, where paternity has been judicially established
9by proceedings brought by the mother or by or on behalf of
10the child or by the authorities charged with its the child’s
11 support, or where paternity has been acknowledged by the father
12in writing, established by the father through blood or genetic
13testing conducted in accordance with section 600B.41 or chapter
14252F, or by the part performance of the obligations imposed
15upon him the father.
16 Sec. 2. Section 600B.6, Code 2023, is amended to read as
17follows:
18600B.6 Liability of the father’s estate.
19The obligation of the father, when his the father’s
20 paternity has been judicially established in his the father’s
21 lifetime, established by the father through blood or genetic
22testing, or has been acknowledged by him the father in writing
23or by the part performance of his the father’s obligations, is
24enforceable against his the father’s estate in such an amount
25as the court may determine, having regard to upon consideration
26of the age of the child, the ability of the mother to support
27it the child, the amount of property left by the father, the
28number, age, and financial condition of the lawful issue, if
29any, and the rights of the widow, if any. The court may direct
30the discharge of the obligation by periodical payments or by
31the payment of a lump sum.
32 Sec. 3. Section 600B.8, Code 2023, is amended to read as
33follows:
34600B.8 Who may institute proceedings.
35The proceedings may be brought by the mother, or other
-1-1interested person, by the alleged father, or if the child is
2or is likely to be a public charge, by the authorities charged
3with its the child’s support. After the death of the mother
4or in case of her the mother’s disability, it the proceedings
5 may also be brought by the child acting through its the child’s
6 guardian or next friend.
7 Sec. 4. Section 600B.9, Code 2023, is amended to read as
8follows:
9600B.9 Time of instituting proceedings.
10The proceedings may be instituted during the pregnancy of
11the mother or after the birth of the child, but, except with
12the consent of all parties, the trial shall not be held until
13after the birth of the child and shall be held no earlier than
14twenty days from the date the alleged father or the mother is
15served with notice of the action or, if blood or genetic tests
16are conducted, no earlier than thirty days from the date the
17test results are filed with the clerk of the district court as
18provided under section 600B.41.
19 Sec. 5. Section 600B.11, Code 2023, is amended to read as
20follows:
21600B.11 Nonresident complainant.
22It is not a bar to the jurisdiction of the court, that the
23complaining mother or child complainant resides in another
24state.
25 Sec. 6. Section 600B.13, Code 2023, is amended to read as
26follows:
27600B.13 Form of complaint — verification.
28The complaint may be made in writing, or oral orally and
29in the presence of the complainant reduced to writing by the
30prosecuting attorney. It The complaint shall be verified by
31oath or affirmation of the complainant.
32 Sec. 7. Section 600B.14, Code 2023, is amended to read as
33follows:
34600B.14 Substance of complaint.
351. The mother or child who is the complainant shall charge
-2-1the person named as defendant with being the father of the
2child.
32. The alleged father who is the complainant shall allege
4that he is the father of the child.
5 Sec. 8. Section 600B.16, Code 2023, is amended to read as
6follows:
7600B.16 Lis pendens.
8From the time of the filing of such a complaint, a lien shall
9be created upon the real property of the accused alleged father
10 in the county where the action is pending for the payment of
11any money and the performance of any order adjudged by the
12proper court.
13 Sec. 9. Section 600B.17, Code 2023, is amended to read as
14follows:
15600B.17 Writ of attachment.
16The district court may order an attachment to issue thereon
17 on the real property upon which a lien is created without
18bond, which order. The order shall specify the amount of real
19 property to be seized thereunder, and may be revoked at any
20time by such the court on a showing made for a revocation of the
21same order, and on such terms as such the court may deem deems
22 proper in the premises.
23 Sec. 10. Section 600B.21, Code 2023, is amended to read as
24follows:
25600B.21 Death, absence, or mental illness of mother or
26alleged father — testimony receivable.
27If after the complaint is filed, the complainant mother or
28alleged father dies or becomes mentally ill or cannot be found
29within the jurisdiction, the proceeding does not abate, but the
30child shall be substituted as the complainant. The testimony
31of the mother or alleged father taken by deposition as in other
32civil cases, may in any such case be read as evidence and in all
33cases shall be read as evidence if demanded by the defendant.
34 Sec. 11. Section 600B.22, Code 2023, is amended to read as
35follows:
-3- 1600B.22 Death of defendant.
2In case of the death of the defendant the action may be
3prosecuted against the personal representative of the deceased
4with like effects as if the defendant were living, subject as
5regards the measure with regard to the amount of support to the
6provision of section 600B.6.
7 Sec. 12. Section 600B.24, Code 2023, is amended to read as
8follows:
9600B.24 Judgment in general.
101. If the defendant alleged father, after being served
11with notice as required under section 600B.15, fails to timely
12respond to the notice, or to appear for blood or genetic tests
13pursuant to a court or administrative order, or to appear at a
14scheduled hearing after being provided notice of the hearing,
15the court shall find the defendant alleged father in default
16and enter a default judgment.
172. Upon a finding of paternity against or for the defendant
18 alleged father, the court shall enter a judgment against
19the defendant declaring paternity of the alleged father and
20ordering support of the child.
21 Sec. 13. Section 600B.29, Code 2023, is amended to read as
22follows:
23600B.29 Desertion statute applicable.
24The provisions of sections 726.3 through 726.5 relating to
25desertion and abandonment of children, have the same effect
26in cases of illegitimacy where paternity has been judicially
27established, has been established by the father through blood
28or genetic testing, or has been acknowledged by the father
29in writing or by the furnishing of support, as in cases of
30children born in wedlock.
31 Sec. 14. Section 600B.36, Code 2023, is amended to read as
32follows:
33600B.36 Report to registrar of vital statistics.
34Upon the entry of a judgment determining the paternity of a
35child the clerk of the district court shall notify in writing
-4-1the state registrar of vital statistics of the name of the
2person against whom such judgment has been entered father,
3together with such other facts disclosed by the records as may
4assist in identifying the record of the birth of the child as
5the same may appear in the office of said the state registrar.
6If such the judgment shall is thereafter be vacated, that fact
7 the vacating of the order shall be reported by the clerk in the
8same manner.
9 Sec. 15. Section 600B.41, subsection 1, Code 2023, is
10amended to read as follows:
111. In a proceeding to establish paternity in law or in
12equity the court may on its own motion, and upon request of a
13party, including a mother or an alleged father shall, require
14the child, mother, and alleged father to submit to blood or
15genetic tests, except that if the mother and child previously
16submitted blood or genetic specimens in a prior action to
17establish paternity against a different alleged father, the
18previously submitted specimens and prior results, if available,
19may be utilized for testing in this action. A mother or
20alleged father requesting the tests shall file with the court
21an affidavit either alleging or denying paternity and setting
22forth facts that establish the reasonable possibility that
23there was, or was not, the requisite sexual contact between the
24parties.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill amends Code chapter 600B (paternity and obligation
29for support) to allow for both a mother or a child and an
30alleged father of a child to file a complaint to establish
31paternity of a child and an obligation for support of the
32child. Under current law, the proceedings under Code chapter
33600B may be brought only by the mother, or other interested
34person, or if the child is or is likely to be a public charge,
35by the authorities charged with the child’s support. The
-5-1bill provides that an alleged father may also initiate the
2proceedings, and makes conforming changes throughout the Code
3chapter to provide that the alleged father may also be the
4complainant or plaintiff.
5The bill also specifically includes an alleged father as a
6party that may request blood or genetic testing in a proceeding
7to establish paternity, and provides that a mother or alleged
8father requesting the testing shall file with the court an
9affidavit either alleging or denying paternity and setting
10forth facts that establish the reasonable possibility that
11there was, or was not, the requisite sexual contact between the
12parties.
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